1A and Public Access

Question 1

1A and Public Access

a) Approaches

Answer 1

i) No absolute right to exclude–>should balance public/private interest (mentioned cases seem to be doing this while denying so)
ii) Absolute right to exclude–>comp always necessary
iii) deference to states: State decides scope of right and whether gov must compensate

Question 2

Pruneyard:

Answer 2

shopping center banned certain speech; told peaceful protesters to leave; State Con made it a right to protest on shopping center premises–>for protesters; CA can extend free speech right as long as it doesn’t intrude on other US con’l rights

i) Owner’s argument: state con’l right against exclusioncompensable taking
(a) Court counter: uncon’l taking would only occur if it caused owner to bear unreasonable burdens

Question 3

Marsh v AL:

Answer 3

city owned by factory could not suppress free expression since it took on the responsibilities of a sovereign; con’l rights apply